L.S. Jamir, J.

Heard Mr. A. Zho, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Government Advocate appearing for the State respondent Nos. 1 to 4 as well as Mr. Kekhriengulie, learned counsel appearing for the respondent Nos. 5, 6 and 7.

2. The present writ petition has been filed challenging the forwarding letter dated 15-04-2016 written by the Additional Deputy Commissioner, Chiephobozou and the approval of the Government dated 16-09-2016 of new Village Council Member (VCM) in respect of respondent Nos. 5, 6 and 7 of Tsiemekhuma Basa Village under Kohima District, Nagaland.

3. It is the case of the petitioners that the E.A.C., Botsa by letter dated 07-03-2016, submitted a report on the election/selection of VCM in respect of Tsiemekhuma Basa Village wherein, the names of the petitioners were included as VCMs. However, the names of the petitioners were dropped in the level of the Additional Deputy Commissioner, Chiephobozou as indicated in the forwarding letter dated 15-04-2016. The alteration of the names of the VCMs in respect of the Tsiemekhuma Basa Village at the level of Additional Deputy Commissioner, Chiephobozou was not known to the petitioners. Thereafter, the Deputy Commissioner, Kohima by letter dated 19-09-2016 had conveyed the approval of the newly selected/elected VCMs under Kohima District including the Tsiemekhuma Basa Village. The Government by its approval dated 16-09-2016 had approved four names of the new VCMs in respect of Tsiemekhuma Basa Village.

However, out of the four names, it is alleged that three VCMs were never selected/elected by the clan members and that they are not the resident of Tsiemekhuma Basa Village. The three VCMs are the private respondent Nos. 5, 6 and 7 in the present writ petition. Therefore, the Head GB and another GB of Tsiemekhuma Basa Village made a complaint against the selection of the respondent Nos. 5, 6 and 7 as VCMs of Tsiemekhuma Basa Village before the Extra Assistant Commissioner, Botsa on 03-10-2016. Further, the present petitioners along with one Keviso Metha had also made a representation against the selection of VCMs before the Deputy Commissioner, Kohima on 08- 03-2016.

4. The main contentions of the petitioners before this Court is that the respondent Nos. 5, 6 and 7 are not residents of Tsiemekhuma Basa Village and that they are engaged in some other business in Kohima Town and therefore, they could not have been elected/selected as VCMs of Tsiemekhuma Basa Village.

5. On the other hand, the private respondent Nos. 5, 6 and 7 contend that they are permanent residents of Tsiemekhuma Basa Village and therefore though they may not be residing in the said village, there is no bar under the Nagaland Village Councils Act, 1978 (hereinafter referred to as 'the Act of 1978') to be elected/selected as VCMs of Tsiemekhuma Basa Village. Further, the respondent Nos. 5, 6 and 7 claim that they have certificates issued by the GB of Tsiemekhuma Basa Village that they are permanent residents of the said village. It is also the case of the respondent Nos. 5 to 7 that not being satisfied with the initial selection/election of VCM's, they had also made a complaint before the Deputy Commissioner, Kohima on 06-03-2016.

6. This Court, after noticing the complaint dated 03-10-2016 made by the Head GB and GB before the Extra Assistant Commissioner, Botsa, the complaint dated 31-10-2016 made before the Additional Deputy Chiephobozou, Kohima and another compliant made by the petitioners and another person on 08-03-2016 to the Deputy Commissioner, Kohima as well as the counter-complaint made by the respondent Nos. 5, 6 and 7 on 06-03-2016 before the Deputy Commissioner, Kohima, had directed the learned Government Advocate to produce the records in order to ascertain as to whether such complaints have been placed before the State Government in terms of Section 20 of the Act of 1978.

7. Mr. K. Angami, learned Government Advocate has produced the records